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D'angelo Johnson v. United States

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Submitted October 4, 2011

Before WASHINGTON, Chief Judge,GLICKMAN, Associate Judge, and TERRY, Senior Judge.

Pursuant to a plea agreement in which the government promised not to oppose concurrent prison sentences at the mid-point of the applicable sentencing guideline range, D’Angelo Johnson pleaded guilty to the crimes of second-degree murder and assault with a dangerous weapon (“ADW”). The trial court sentenced him to consecutive terms of imprisonment above the mid-point — specifically, to 240 months for the homicide and eighteen months for the ADW. Johnson now appeals his sentence, contending that the government breached its plea agreement with him by implicitly asking for a longer sentence than the one it promised to support. We do not agree; the government fulfilled its promise, and thus appellant is not entitled to the re-sentencing he seeks.

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